Mar
10

Certain H-4 Dependents Now Eligible for Work Permits as of 05/26/2015

One of President Obama’s executive actions announced in November 2014 was to amend its regulations to extend work authorization to certain H-4 dependent spouses in an effort to improve the U.S. immigration system and provide greater economic stability to affected families.  USCIS announced last month that it will begin accepting employment authorization applications for eligible H-4 spouses on Tuesday, May 26, 2015

It is important to note that the eligible H-4 derivative applicants are limited to the following individuals who are:

dependent H-4 spouses of H-1B nonimmigrants who are...
Jun
28

Lost in the H-1B Lottery - What Are My Options Now?

This year, USCIS received over 233,000 H-1B petitions for this fiscal year 2016, which exceeds last year’s count (172,500) by over 60,000 petitions.  As you likely know, there is a general statutory cap of 65,000 for H-1B petitions in a given fiscal year, with an additional 20,000 available under the advanced degree exception known as the masters cap.  Through its computer-generated lottery system, USCIS first selects petitions for the masters cap.  Any unselected petitions in this category then become part of the 65,000 general cap selection.  On April 7, 2015, USCIS announced that...

Sep
21

STEM and Extended OPT - forcing regulations for the future

D.C. Court Vacates STEM Rule, but Allows DHS to Remedy Problem - WLG Expects STEM Program to Remain Unchanged

In a decision last week, on August 12, 2015, a district court in Washington D.C. decided to vacate a 2008 rule by the U.S. Department of Homeland Security (DHS) that allowed an additional 17 months of work authorization to eligible Science, Technology, Engineering, and Mathematics (STEM) students in F-1 status.  A main issue in the lawsuit was whether DHS exceeded its authority by issuing the 2008 rule without notice and comment to the public.  DHS argued that it had good cause to...

Jan
18

H-1B Lottery Registration – A Viable Solution or A False Promise?

The H-1B visa filing process will undergo a dramatic shift in 2020.  Employers are now required to participate an H-1B lottery registration prior to submitting the actual H-1B petition. This is a major change from previous years where the H-1B lottery was conducted based on the submission of the H-1B petition itself. The new system benefits employers and beneficiaries by reducing the initial cost of the H-1B process.  If the government does not select the employer to participate in the fiscal year filing opportunity, the employer avoids the cost of preparing a full H-1B needlessly. ...